Effective - 28 Aug 2002
447.638. Restoration of possession, compensation. — The owner may petition the circuit court for restoration of possession of the property and, upon due notice to the plaintiff organization, for a hearing on such petition. At the hearing, the court shall determine whether the owner has the capacity and the resources to complete rehabilitation of the property if such work has not been completed by the organization. If the court determines that the owner does not have the capacity or the resources to complete rehabilitation of the property, the court shall not restore possession to the owner. If the court determines that the rehabilitation work has been completed by the organization or that the owner has the capacity and the resources to complete the rehabilitation, the court shall then determine proper compensation to the organization for its expenditures, including management fees, based on the organization's reports to the court. The court, in determining the proper compensation to the organization, may consider income or receipts received from the property by the organization. After the owner pays the compensation to the organization as determined by the court, the owner shall resume possession of the property, subject to all existing rental agreements, whether written or verbal, entered into by the organization.
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(L. 1993 S.B. 376 § 10, A.L. 2002 H.B. 1634 merged with S.B. 1086 & 1126)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 447 - Lost and Unclaimed Property
Section 447.010 - Duty of persons finding lost money, goods.
Section 447.020 - Appointment of appraisers by circuit judge.
Section 447.030 - Appraiser's list, where filed — publication.
Section 447.040 - Procedure if no owner appears, when.
Section 447.050 - Restoration of property, when — owner may sue, when.
Section 447.060 - Failure to discover — penalty.
Section 447.070 - Goods retained until payment of charges.
Section 447.080 - Sale of unclaimed property.
Section 447.090 - Unclaimed proceeds.
Section 447.100 - Carrier's responsibility ceases, when.
Section 447.110 - Sale of property upon which advances are made, when.
Section 447.500 - Law, how cited — exceptions — purpose.
Section 447.503 - Definitions.
Section 447.517 - Utilities, funds held or owing presumed abandoned, when.
Section 447.533 - Interest, dividends or their earnings deemed unclaimed property, when.
Section 447.536 - Abandonment period, effective when — exception for payroll checks.
Section 447.547 - Law of abandoned property not applicable, when.
Section 447.572 - Examination of records by treasurer and persons authorized, when.
Section 447.575 - Enforcing delivery, court action.
Section 447.579 - Rules authorized.
Section 447.583 - Reciprocal agreements with other states — attorney general's duties, when.
Section 447.585 - Another state may recover property from state of Missouri, when.
Section 447.620 - Definitions.
Section 447.622 - Petition, requirements.
Section 447.624 - Proceeding, where commenced, procedure.
Section 447.625 - Procedures in home rule cities.
Section 447.626 - Expeditious treatment.
Section 447.628 - Notice of pendency of suit, effect.
Section 447.630 - Hearing, plan of rehabilitation.
Section 447.632 - Grant of petition, requirements.
Section 447.634 - Grant of temporary possession.
Section 447.636 - Quarterly report.
Section 447.638 - Restoration of possession, compensation.
Section 447.640 - Quitclaim judicial deed may be granted, conditions, effect.
Section 447.700 - Definitions.
Section 447.701 - Eligible projects, director's duties — owner to repay, when.
Section 447.702 - Department loans to eligible projects, guidelines, conditions.
Section 447.706 - Grants, guidelines, conditions.
Section 447.712 - Tort immunity.
Section 447.716 - Failure of purchaser to perform, sanctions.